The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-05-24
THE TALLY-SHEET FORGERS.
The Sort of Defense They Receive from tho
Tools of the Democratic Gang.

The Sort of Defense They Receive from tho
Tools of the Democratic Gang.
''S NJ. b., in Louisville Courier journal.
The Republicans of Indianapolis seem deter
mined not to let up in the prosecution, rather
persecution, of certain Democrats in that city
In spite of the fact that their methods have
ceived just rebuke from Judge Gresham they
persist in appealing to the power OF the federal
government to punish the alleged authors of
crime over which the federal government has
more jurisdiction than has the Louisville Police
Court. The believers in centralized govern
ment seem to be unable to understand that State
lines are yet existence and that there are
certain matters even concerning an election
which belong exclusively to the jurisdiction OF
State court.
It will be remembered that the November
election, 1886, the tally-sheets in certain pre-
cncts of the city of Indianapolis were charged
to have been altered and mutilated in the race
for criminal judge and in the race for coroner,
both county Offices. By reason of these altera-
tions and mutations the face OF the returns gave
the Democratic candidates for those Offices
majority. The elections were contested, and
upon a recount being had the tallies showed that
the Republican candidates had got ajority of
the votes. Accordingly the certificates of elec-
ton were issued to them and they were sworn
into office.
These violations of law were a great outrage
and the perpetrators il discovered, should be
severely punished. The laws of the State i'm
pose severe penalties against such criminals
But the laws of the State not appealed to-
The Republican Committee of One Hun
dred wanted the help of a "paternal
government" An attempt was mace 10
have the federal grand jury indict
Sim Coy, Henry Spaan. Sam Perkins, William
Bernhamer, John Counselman and half-dozen
other well-known citizens as alleged authors of
the crime. Though the grand jury received
all the assistance that could be rendered by
United States District Judge Woods who ap
pears to be a violent partisan, no indictments
were returned.
The Republicans then had the above-named
gentlemen, with the possible exception of Mr.
Perkins, arrested and brought before the United
trl
called witness, and. refusing to testify,
sent to jail for contempt. Out of this grew
the celebrated Perkins habeas corpus proceed
ings. which resulted in the rebuke of Judge
Woods and the United States commissioner by
Judge Gresham. Tho laster's opinion in the case
was one of pronounced ability, and IL covered all
the details of the prosecution.
Judge Gresham rightfully held that the United
States authorities had nothing whatever to do
with the election of State county officers
These matters which belong exclusively to
the States themselves and must be regulated by
them. The fact that members of Congress were
voted for at the same election when a criminal
Judge and coroner for Marion county were
chosen in no way helped the prosecution. Judge
Gresham passed directly this question, and
his language was clear and forcible. He gave the
advocates of a centralized government black
eye. and decided positively and unequivocally
that the federal courts had no shadow of juris-
diction in the matters complained Of Mr. Per-
kins and the defendants in the prosecution were
discharged, and the "paternal government" rep
resented by Judge Woods and his creature, the
ereign State of Indiana.
After the Republican Committee of One Hun
dred had rallied somewhat from the stupefaction
into which Judge Gresham's decision had thrown
it, it got itself together and concluded to renew
it's prosecution of the alleged offenders in the
State court Efforts were made to have the de-
PENDANTS indicted in the Marion Circuit Court
but they proved unavailine. The grand juries
refused to be governed by the committees dicta-
ton, and the accused citizens were not molested
Another term Of the federal court recent
~ held in the city Of indianapolis, in which was
convened. of course. a new grand jury. The
prosecutors of Coy. Counselman, Spaan and the
their efforts have been rewarded. Last Friday
the parties named were indicted and having
been arrested, gave bonds for their appearance
at the trial. How these indictments pro-
cured is a little difficult to understand. Judge
Woods presumably believes in the jurisdiction
by the opinion of his superior. Judge Gresham.
But Mr.. Sellers, the United States district at
torney, and his assistant, Mr.. Bailey. are Dem
ocrats, and it is singular that they should lend
themselves to this abomiuable persecution of
citizens. AS to the guilt or innocence of the &C
II they guilty they may we'll be indicted
for the offense in the courts of Ohio or Califor
MIA as in the United States Court. It is an out
rage that the power of the federal government
can be thus wrongfully employed to prosecute
the citizens of State. It seems me that if
and retain the respect OF his fellow men, he
should dismiss these prosecutions If the de-
PENDANTS guilty, let them be punished by
the State authorities If the latter authorities
inadequate, then the defendants should not
molested at all This attempt of federal off
nifty is nothing short of an outrage. and it
should be resented by fair mi ded citizen